Clarification on certain issues (sale by government departments to unregistered person; leviability of penalty under section 73(11) of the RGST Act; ratc or tax in case of debit notes / credit notes issued under section 142(2) of the RGST Act; applicability of notification No. F.12(46)FD/Tax/2017-Pt.V-113 dated 13.09.2018; valuation methodology in case of TCS under Income Tax Act and definition of owner of goods) related to GST.
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Taxability of government disposals: government must register and pay GST when selling used or seized goods to unregistered persons. Supplies of used, seized or scrap goods by government entities are taxable; supplies to registered persons are on reverse charge, while supplies to unregistered persons require the government supplier to register and pay GST. Penalty under section 73(11) applies only when section 73 proceedings are invoked; late GSTR 3B filing with tax and interest paid ordinarily does not attract that penalty but may attract a general penalty. Debit/credit notes issued under section 142(2) after the appointed day attract GST rates. TDS under section 51 applies only to bodies with majority government participation. TCS collected under the Income Tax Act is includible in GST value. Where invoice accompanies goods consignor or consignee is owner; otherwise the proper officer determines ownership.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Taxability of government disposals: government must register and pay GST when selling used or seized goods to unregistered persons.
Supplies of used, seized or scrap goods by government entities are taxable; supplies to registered persons are on reverse charge, while supplies to unregistered persons require the government supplier to register and pay GST. Penalty under section 73(11) applies only when section 73 proceedings are invoked; late GSTR 3B filing with tax and interest paid ordinarily does not attract that penalty but may attract a general penalty. Debit/credit notes issued under section 142(2) after the appointed day attract GST rates. TDS under section 51 applies only to bodies with majority government participation. TCS collected under the Income Tax Act is includible in GST value. Where invoice accompanies goods consignor or consignee is owner; otherwise the proper officer determines ownership.
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